that's why i always choose the fastest intern. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. right now, mandatory evacuations are under way as hurricane arthur spins towards north carolina. wind gusts already reaching 110 miles per hour and the risk of deadly rip currents expends up and down the east coast. right now, a hearing is about to
get under way in this courtroom for a georgia father charged with murder and child cruelty after his son was left in his suv on a 92-degree day. and right now, the closing bell has just rung ending a short but historic day at the new york stock exchange. the dow passing the 17,000 mark for the very first time. hello, i'm jim sciutto reporting again today from washington. wolf blitzer is off today. the first hurricane of the atlantic season is gaining strength and speed as it barrels up the east coast on the busiest holiday travel week of the summer. right now, hurricane arthur is churning off the coast of south carolina. it is a category one storm with 90 mile an hour winds but forecasters expect arthur will become a cat 2 with 105 mile an hour winds before making landfall on north carolina's outer banks. that's expected to happen
overnight. dangerous conditions are possible along much of the east coast now just as millions of people hit the roads and airports for the july 4 weekend -- myself included. alina machado is on the carolina coast and chad myers is tracking arthur from hurricane headquarters in atlanta. chad, if i can, i want to start with you. where is the storm headed right now and as it makes landfall how bad do you think this is going to be? >> it's moving north. it's going to turn the northeast. it's going to make a glancing blow at wilmington, north carolina. that means it's going to slam into carolina beach, into wrightsville beach, into surf city and all the way up the carolina coast. this couldn't be worse case than what we have right now with a category 2. sure it could be 3 or 4 but we're going to have an eye and an eye wall on land for many miles, maybe 50 miles. usually a hurricane will come on shore, you get ten miles worth of damage and it's over. this is going to skim along the coast all the way through here for miles and miles and miles
taking on its on shore wind and also its on shore beach erosion right there along the carolina coast. it couldn't be any worse than that. we'll show you the radar in a second. we have now hurricane warnings all the way from the virginia/north carolina border down to moorehead city. if you're at surf city, just pretend there's a hurricane warning. it's close enough. this will be 100 miles an hour over the top of you. i consider that a hurricane. there that's the storm getting an eye well defined now, air coming in from the ground and going up through the eye wall storms here and blowing out the top. the storm continues to get bigger, continues to strengthen in vary warm water, no shear to tear it apart. there it is. wilmington, you're next up here along the beaches, a lot of beach erosion as a category 2, 100 mile an hour storm. alina machado is right there. we have another crew right here. we have indra petersons and joe johns right there and look at
that. we can't even believe how that storm is going to go right along there. you need to be inside if you can be and not certainly in the water. we're not going to have our reporters in the water, that's for sure. jim? >> one measure of how bad the weather is now, we can't go to alina machado because the signal is bad. chad, if you're not living in the path of this storm but planning to travel up the east coast as people are planning to do, how bad is the weather going to affect people on i-95, the airplanes, looking at things. and if take any coastal highway along north carolina it will look like this. this is surfchecks.com and also obxcram.com. the waves here six to ten feet, the winds at least 40 miles per hour. every time a squall comes in you're talking about that
coastline that you're talking about right through here becoming, honestly, you can't see anything. there will be wind and wave us there here at 08 miles per hour. dent try to get for from morehead city to topsail beach or morehead city to wilmington. these areas a long the coast will be hit so very hard. literally almost whiteout conditions with spray and wind at 100 miles per hour wiping out your visibility, no travel anymore, it's done. get out of the way now, stay inside, it's -- the storm is coming on shore too quickly now. >> good advice, clad. as you're saying, don't even risk it in that key area and keep aware as the weather develops. chad myers at the weather center in atlanta. officials in north carolina aren't taking any chances themselves with hurricane arthur. they're telling residents and tourists to prepare and in some cases that means packing up and getting out. joining me by telephone, gregory baker with the north carolina department of public safety and law enforcement. he's the commissioner. mr. baker, as you're preparing
for this enormous task at hand for you making this call as to whether people should evacuate, what are you most concerned about? >> well, specifically that. as you know, jim, most of the serious injuries and deaths are related to storms like this or because of flood situations, high water, storm surge and getting out in front of this is critical to us. our born declared a state of emergency yesterday which enabled our state resources. it put our county officials that we rely on to make these decisions, it put them on notice. we are very happy that they went ahead and declared a mandatory evacuation for hatteras and ocracoke island as indicated that are in the direct path of this storm. so that's critical to us when we enable our north carolina national guard, our highway patrol to start the process of evacuation while working closely
with north carolina department of transportation, the ferry system, getting people off of these barrier islands and safely inland. tremendous help to us getting out in front of this early. >> mr. baker, i know one of the challenges when you're ordering these evacuations is that sometimes people don't listen. they stay. to your knowledge, are people heeding the warnings and getting out thereof? >> there's always a few, jim. yes, a majority of people are heeding the warning. again, i think not to be repetitive but getting out in front of this, letting people know early the danger that this storm represents as it strengthens and we certainly anticipate that it will continue to strengthen and those barrier islands along the outer banks are in the direct path of this so, yes, it's critical but there will always be a few, that's unfortunate. once we evacuate those that are willing to go then it becomes a search-and-rescue and often times recovery mission after
that. >> chad myers, you probably heard -- was showing the path of this storm going forward and it does look like it will take a path out to sea towards the east. does that make you any less concerned? this is after landfall. any less concern about how long this is going to be a threat to north carolina and south carolina? >> we're thankful that it's a quick-moving storm and we're thankful to be on the western side of that storm obviously preparing for the high winds as he mentioned, as chad mentioned, the beach erosion and i think a critical component for this and understanding, again, the need of getting out in front of it early. july 4 weekend there's going to be a tremendous loss of revenue associated with these communities that rely on tourists but to make the call between tourism dollars and safety, they've done that, we appreciate that. if there's one thing to be thankful for it's moving quickly and appears to be moving to the north-northeast so we're happy
about that. >> well, listen, good luck to you, mr. baker we know off big challenge for your community and also an economic cost beyond the danger from the weather. i want to go back now to chad myers in atlanta because yet another weather warning, this time, though, tornadoes? >> and you just talked about how we couldn't get to alina machado because the weather was so bad because we knew there was a waterspout moving on shore right where she was, central newhan over in county a tornado warning. about six miles east of wilmington and not that far from the unc-w campus. so not only do you have wind but the potential for tornadoes again. any landfall, large cell in any one of these spinning storms. any time there's a yellow or red coming at you, any one of those storms could make a tornado and we'll have that all day long, jim. >> incredible to see that right now. thanks for the warning, chad.
stay with cnn all day for the latest on hurricane arthur. we'll have much more coverage ahead. also ahead, another record day on wall street. we'll have a live report from the new york stock exchange on what exactly pushed the dow bo that historic 17,000 mark. ♪ tra they connect the factories built along the lines. and that means jobs, lots of people, making lots and lots of things. let's get your business rolling now, everybody sing. ♪ norfolk southern what's your function? ♪ ♪ helping this big country move ahead as one ♪ ♪ norfolk southern how's that function? ♪
it was a short trading day on wall street ahead of the july 4 holiday but still one for the record books. with the dow cracking 17,000 for the first time, it was helped by better-than-expected jobs report for june and president obama spoke about it a short time ago. >> we've now seen almost ten million jobs created over the course of the last 52 months and it should be a useful reminder to people all across the country that give wherein we started back in 2008 we have made enormous strides thanks to the incredible hard work of the american people and american businesses that have been out there competing, getting smarter, getting more effective and it's making a difference all across the country.
>> allison joins us from the new york stock exchange. allison, you hear the president there, 10 million jobs, 9.7 million jobs over the last 52 months. the market-setting record. you hear these good economic numbers but for so many americans they're not feeling so good so confident economically. why that disconnect? >>. >> that's a very good point. you have to think about what the president said. he's talking about the positives we're seeing now but this has been a recovery that's been slow going. i mean, even look at this jobs report which is no doubt about it very solid. you can even find problems in it. one of the big problems i find is the labor force participation rate, meaning the number of people either working or looking for work. i mean, in the labor force that level is not where we want to see it. it's at the lowest level since the late 1970s and that's people who have literally given up looking for work. that's one of the disconnects. the other disconnect is the fact that a lot of people, you look at -- we talked about the dow's 17,000. that's a huge milestone for the
dow. there's a disconnect there. you know, a good portion, more than half of americans, aren't even in invested in the stock market so they're not feeling the headline of 17,000. a few other things that americans will feel on a day to day basis. their incomes. although we did see salaries go up in this jobs report they're not keeping pace with inflation. also cost for food and energy for example, they have certainly risen. today, in fact, gas prices are at a six-year high. so these are things that take consumer spending away from making discretionary purchases and keeping their pocketbooks tightly closed and that in turn hurts the economy because consumer spending makes up the lion's share of economic activity. even though for sure momentum is building in the jobs picture, jim. >> we have to hope those good times filter down so more people start to feel it. thanks very much to allison cossack of the new york stock exchange breaking the numbers down for us. now we want to turn overseas to
iraq and a new assessment from the pentagon. listen to this from joint chiefs chairman martin dempsey just a short time ago. >> it's not 2006. this is a very different approach than we've taken in the past. i mean, assessing and advising and enabling are very different words than attacking, defeating, and disrupting. we may get to that point if our national interests drive us there. if i so become -- if isis becomes such a threat to the homeland that the president of the united states with our advice decides we have to take direct action. i'm just suggesting to you we're not there yet. >> general dempsey also said that isis forces are stretched thin after their initial gains but iraqi forces don't yet have the capabilities to capitalize on that. i want to bring in our own barbara starr from the pentagon. listening to general dempsey there, interesting because he seemed to leave the door open to
something the president has said to this point -- u.s. troops would not be doing in iraq and that's something of a combat role as f as general certain zi says interests were threatened. do you they's significant? >> i do. i think that general dempsey as the chairman made sure in this press conference with defense secretary chuck hagel that he did not get boxed in in any way. he absolutely left every military option open. he says "we're not there yet." he says this is not the war we had fought back in 2003 all the way to 2011. right now it's just military advisors. but he leaves the door open if the insurgents begin to pose a threat to the united states. he also was pretty grim, i would say, about the ability of the iraqi forces to go retaker the tear in the north to take back those isis strongholds.
listen for just a minute a little bit more of what he had to say about all of this. >> it really is about deliberately first preserving options and then developing option options. if you're asking me will the iraqis at some point go on the offensive to recapture the part of iraq they've lost; i think that's a broad campaign-quality question probably not by themselves. doesn't mean we it would have provide kinetic support. i'm not suggesting this is the direction it's headed but at any military campaign you would want to develop multiple access to squeeze isis. you'd like to squeeze them from the south and west, you'd like to squeeze them from the north and you'd like that squeeze them from baghdad. that's a campaign that has to be developed. but the first step in developing that campaign is to determine whether we have a reliable iraqi parter in that is committed to growing their country into something that all iraqis will
be willing to participate in. if the answer to that is no, the future is pretty bleak. >> and what dempsey goes on to say, if the answer is no, if there's no inclusive iraqi government that basically everything the u.s. is going to try to do won't work, won't be worth it. so right now it's quite interesting here at the pentagon. words being picked very carefully here by the military making sure they leave all the options on the table for president obama to choose if he chooses to, not shooting the door to anything really, just now making clear the u.s. advisors that are there are not there in a combat role. at least not for now. >> pretty bleak assessment as the general said of the iraqi forces' ability to respond. thanks very much for-tto barbar starr at the pentagon. police with rubber bullets go at it on the streets of jerusalem. we'll have the latest fallout from the deaths of a palestinian teen and three young israelis. gs
are feeling the love, too. by offering things like on-the-spot data upgrades -- an idea that reduced overcharge complaints by 98%. no matter how fast your business needs to adapt, if hp big data solutions can keep wireless customers smiling, imagine what they can do for yours. make it matter. having a perfectly nice day, imagine what they can do for yours. when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness,
could help your business didavoid hours of delaynd test caused by slow internet from the phone company? that's enough time to record a memo. idea for sales giveaway. return a call. sign a contract. pick a tie. take a break with mr. duck. practice up for the business trip. fly to florida. win an award. close a deal. hire an intern. and still have time to spare. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business. built for business. anger spilled over into the streets of jerusalem today.
the death of a palestinian teenager has ignited tensions still simmering after three israeli teens were killed. dozens of palestinians threw stones at israeli security forces. they responded with rubber bullets and stun grenades. at least ten palestinian protesters were injured. senior international correspondent ben wooed man joins us now from jerusalem. ben, you've been in the middle of this since the start of it all. have you sensed the temperature coming down at all or is this still a very tense situation? >> no, no decrease in the temperature jim, things are still very tense in east jerusalem specifically. the neighborhood of show fat we saw is again for hours upon hours palestinian youth throwing rocks and bottles at israeli police wh who fired back with tear gas, rubber bullets and stun grenades. this has been going on almost around the clock.
overnight there were even more clashes, not just in that part of jerusalem but in a variety of other neighborhoods of the city as well. we're waiting, jim, for the body to be brought of 16-year-old mohammed abu hadder whose body was found yesterday morning in a jerusalem forest. the family is waiting for the body to come back and then there's going to be a very large funeral. now, they did request that the funeral procession be allowed to go from the temple mount back to their home in northern jerusa m jerusalem. the police refused out of fear that this could result in more civil disturbances so probably that funeral will be held in their neighborhood but nonetheless we are expecting thousands if not tens of thousands to people -- of people to turn out for this funeral and
clashes are inevitable. >> another potential flash point. just to remind our viewers this is not in the west bank or gaza strip, this is in jerusalem, a place a lot of people visit where this is taking place. i know you spoke to the far of the palestinian teenager who was killed. who does he blame for his son's death and what is he saying about the violence this has sparked? >> he is blaming israeli president benjamin netanyahu saying that he's whipped up emotions among israelis and that he's done very little to punish those who have been involved in attacks upon palestinians. keep in mind after the funeral took place for those three israeli teenagers whose bodies were discovered monday afternoon that there was a very large march of israelis through the center of town resulting in attacks on at least six palestinians.
the father did not condemn the clashes that are happening within the corner of his house, they see that within the context of the decades-old israeli palestinian conflict. jim? >> someone's got to step in there and turn down the temperature, encourage people to go home. thanks to ben weed man live in jerusalem. it's a case that has made national headlines. a toddler dies after his father leaves anymore a hot suv for seven hours. a judge will hear testimony on whether to grant justin ross harris bail. we are there live. and the first hurricane of the atlantic season is on track to make landfall right on the fourth of july. we'll tell you where it is likely to hit and how strong those winds will be. that's coming right up. .
welcome back, i'm jim sciutto reporting from washington. wolf blitzer off today. we have breaking news in this important case from georgia where a dad accused of deliberately leaving his 22-month-old son in a car for seven hours. ashleigh ban field there. tell us what will happen now. >> jim, this is the first gatekeeper hearing so to speak about how much evidence, how much investigative evidence the police and prosecutors are holding in their arsenal against that man. do they have enough to proceed against the magistrate and take this case to a grand jury so a that a garage can actually inzmiet let's listen in for a moment. >> felony murder on the 18th day of june this year a-2955 bakersville road atlanta, cobb county, georgia. you may proceed.
>> yes, your honor. >> would you please introduce yourself to the judge by telling your names and spell it so the court reporter gets it correct. >> detective phil stoddard s-t-o-d-d-a-r-d. >> and where do you work? >> the cobb county police department with the crimes against persons unit. >> how long have you worked there? >> since december. >> kind of self-explanatory, but what type of cases do you investigate? >> crimes against persons investigates crimes against persons committed, the assaults, kidnappings, rains and homicides. >> before you became a detective, what was your job? >> crimes against children. >> and what did you investigate there? >> mostly sexual assaults, any type of assault or crime committed to a child. >> did that include physical abuse and neglect of a child? >> yes, it did. >> so you've been trained and had experience in homicide and child abuse investigations? >> yes, i have.
>> okay. preliminarily in this case, what was the date of the incident in this case? >> it was wednesday, june 18. >> and all of the incidents you're going to talk about here today, did they occur in cobb county? >> yes, they did. >> in this case, what was the victim's name? >> the victim's name was cooper harris. >> and how old was he at the time of death. >> approximately 22 months. >> have you spoke within the medical examiner about this case? >> i have. >> what is the cause of death in this case? >> the cause of death in this case is going to be hyper therm ya. >> what is manner of death? >> it's listed as a homicide. >> i want to ask you questions about the timeline of the day and the basic facts i don't believe are in dispute. could you tell the judge first of all what time did the child wake up and who was s his father? >> the child woke -- the family awoke around 6:30 in the morning. the child's father is justin ross harris. >> do you see mr. harris in the courtroom? >> yes, i do. mr. harris is sitting at the defendant's table to my left wearing an ork cobb county jump
suit. >> what who was the first person to wake up. >> the first person to wake up was justin's wife leanna. >> and what time did she wake up? >> around 6:30. >> what time did cooper, the child, and the defendant wake up? actually get out of bed? >> they got out of bed after 7: 7:00. >> where did leanna, the mother of the child, go that day? >> leanna left for work about 7:15 this morning. >> and what did the defendant and cooper do that morning? >> that morning they sat in bed, he watched some cartoons. then they got up and got dressed and justin drove him to work. >> now, when they drove, did they stop anywhere before getting to the defendant's work? >> yes, they did? >> where did they stop. >> at the chick-fil-a located at cumberland parkway. >> now, this morning in speaking with both the defendant and the mother of this child, was there anything out of the ordinary
that morning? >> nothing. >> how was the child doing? >> the child was doing great. >> did the child have any medical conditions or anything that affected his abilities to walk, talk, or anything of that nature? >> no, everyone has said the child was normal that morning. no medications, no medical conditions, nothing of note. >> when the defendant and his wife worked -- they both worked? >> they both worked? >> where did the defendant work. >> the defendant worked at the home depot? >> and which office with home depot did he work at? >> he worked at a police called the tree house, at 2600 cumberland, it's an annex of the sister support center. >> where was cooper taken care of while the defendant and his wife were at work. >> it's called little apron academy. it's a day care connected to the store support center on pesos ferry road. >> whose responsibility was it usually to take the child to the day care? >> normally justin would take them to the day care. >> so the defendant would be the normal person to take him? >> yes, sir.
>> so taking them to day care that day would not have been out of the routine? >> not at all. >> when he takes the child in his car, what type of car did the defendant drive? >> he had a 2011 hyundai tucson. >> can you describe that to the judge? what type of car it is? >> a four-door suv but it's a small suv. >> and what type of car seat did the child -- was the child restrained in. >> cooper was in that morning and most of the morning cooper was in a rear-facing child seat. >> and that rear-facing child seat, was that behind the passengers' side, behind the driver's side or in the middle of the backseat? >> it was in the middle of the backseat. >> how far or how close -- what was the distance between the driver's seat approximately and the head area end of the car seat? >> six inches at the most. >> now you said that the
defendant and child stopped at chick-fil-a? >> they did. >> was that out of the ordinary or something they did on special occasions? >> no. justin stated that this happens two, three times a month and it was a daddy-son time. a special occasion for them. >> about what time did they get to chick-fil-a? >> around 9:00. >> and did you confirm that through the defendant or other means? >> both. the defendant stated that, you know, that i went to chick-fil-a first and i was able to pull cash register receipts from the chick-fil-a and surveillance video to confirm that. >> on the surveillance video at chick-fil-a how did the child appear? >> the child appeared wide awake and happy. >> you've heard the defendant and video. did he appear to be walking around and active that time at chick-fil-a? >> yes. >> after leaving chick-fil-a, about what time did they leave the chick-fil-a? >> about 9:19.
>> and where did they go from the chick-fil-a? >> from the chick-fil-a they drove right to justin's work, 2600 cumberland. >> what is the distance from the chick-fil-a to his place of work? >> approximately .6 miles. >> so not even a mile? >> not even a mile. >> now when the defendant -- is there a stoplight where he ends up having to make a decision about whether to turn to go to the day care or go to work? >> there is. >> and about how far from the chick-fil-a is that stoplight? >> a tenth of a mile, two-tenths of a mile. >> and how would you get to that stoplight coming from the chick-fil-a? >> coming from the chick-fil-a you make an immediate right-hand turn. you then take a u-turn in front of the home depot and immediately move over to the left-hand lane to take a left turn on to pesos ferry. >> what time did the -- did you
confirm what time the defendant arrived at work? >> i did. >> and what time was that? >> around:25. >> and how did you confirm that? >> through time stamp on surveillance video from that parking lot. >> >> what time did the defendant leave work that day? >> the defendant left work that day before -- it would be 4:15, 4:16 p.m. >> in talking with witnesses at home depot did you determine where he was going after he left work that day? >> after he left work that day he was going to meet up with a couple of his friends and go see a movie. >> what time was the movie they were going see? >> a 5:00 movie. >> do you remember what the movie was? >> "22 jump street." >> did the defendant actually make it to the movie theater? >> he did not. >> how far is it from the workplace where he left at 4:16 that afternoon to the place where his car eventually stopped? >> less than two miles.
>> and how far would the movie theater have been for the place where he stopped? >> not far. a couple minutes at the most. >> when the defendant arrived or pulled over from the evidence that you have, what did he do? >> when the defendant pulled over at the acres mill, he pulled directly into the shopping center, acres mill shopping center and parked his car in the middle of the roadway. he exited his vehicle and popped up the rear door to his vehicle. he entered into the rear door, removed cooper from the car seat, removed cooper from the car seat and placed him on the pavement next to the vehicle. he got down next cooper. >> let me ask you this. what was confirmed from the law enforcement and witnesses on scene, what was the condition of cooper when he was pulled out of
that car and placed on the pavement? >> cooper was deceased. >> >> did you actually get a timeline and interview the defendant? >> i did. >> you and other detectives interviewed several other witnesses and pulled a great deal of in evidence this case? >> that is correct. >> i'm going to talk to you a little bit first about the defendant's -- the reports of his behavior at the scene of the crime, okay? or the scene of where they pulled the car over. what type of establishment is this? you said it was a business area? >> it's like a strip mall. >> and what was the stores or area that he pulled into near? >> he pulled in near next to like a restaurant. >> did you or another officer speak with the first person to come into exact the defendant? >> yes. >> and what was his name, if you remember. >> anthony lonamo. >> based on his description and other descriptions, other witnesses, how did the defendant appear and how did he act when
he pulled over and got out of the car. >> the witnesses, everyone described that he pulled into it at a high rate of speed and they heard squealing tires when the vehicle came to a stop and justin immediately exited the vehicle, he seemed upset. his behavior was considered erratic by many of the witnesses. he would be yelling and screaming "oh, my god, what have i done? my child is dead" and then he would stop and just have a blank look on his face and just stand there. when he pulled cooper out of the vehicle he placed them down on the hot pavement -- >> when he did that, did anyone assist him in getting the child out to the pavement? >> yes, anthony did. >> when they did that, how did anthony describe the defendant's behavior when they put the child on the pavement? >> when they put the child on the pavement he said it looked like justin was messing around. he didn't know what justin was doing and he goes "we need to do cpr, we need to do something for the child." justin kind of looked at him and then he just stopped? >> what did anthony do? >> anthony started cpr.
>> when anthony started cpr on the defendant's son what did the defendant do? >> when anthony started the defendant stood up, walked to the other side of the vehicle and got on his phone. >> when the defendant, after he separated himself from the child and got on the phone, did he appear to be to the witnesses talking on the phone? >> yes. >> did you talk to officers who actually encountered him? >> yes, i did. >> what did they say he was doing on the phone? >> he stated he was telling somebody on the phone that his child had died. >> now, when you spoke with the defendant, what did he say about actually speaking to somebody on the phone? >> he stated he had not gotten anybody on the phone. >> have you reviewed preliminarily his phone logs. >> i have. >> what did those reflect? >> they reflect lead the phone calls. >> what was the first?
>> the first phone call was to leanna. it looked like it was a missed phone call. the second phone call was to the home depot corporate center, their main number. and there was a third phone number to the home depot corporate center and it appeared that this phone number went through and on his records it said six minutes worth of conversation. >> were you able to track back to where that would have gone to, this call to the home depot center? >> we did. >> and where would that be? >> toddler room five at little apron's academy where cooper attended school. >> so you have phone records suggesting he was on the phone for five or six minutes, the officers stating he was talking to somebody on the phone. >> correct. >> did you confront him with this when he said he was not talking to anybody? >> i did. >> what did he say? >> he said he wasn't talking to anybody on the phone. >> >> okay, let's talk about -- did you ask the defendant how this could occur. >>? >> yes. >> what did he say? >> his excuse was he fell
asleep. >> let's talk about that. you stated thatting a chick-fil-a he was active, talking, walking, waving to people. did the defendant tell you how he secured the child back into that car seat and what happened when he did that at the chick-fil-a? >> he did. justin took cooper out to the car. he went into the backseat where the car seat was situated. it's a rear ff facing car seat so cooper's head would be in between or almost in between the two front seats. he put cooper in the vehicle, he stated he strapped him in tight, he went through a lilt spiel about how he'd watched youtube videos about car seat regulations and stuff and he knew this was the right car seat and the right way of doing it and he straps him in tight and cooper gives him a kiss and he gives him a kiss back and he says he always gives him a kiss in case they get into a car accident and he dies. he wanted cooper -- his last memory, cooper to remember that he loved and that his daddy loved him. >> so he straps him in before
driving away and he's kissing him, his son is kissing him back and they're having a conversation? >> that's correct. >> you talked about this u-turn and then going a light where you make a decision either to go to work or turn to the day care. >> yes, sir. >> the u-turn, how far is it to get from the chick-fil-a to this u-turn? >> seconds. >> when you get to this u-turn, what direction would he have had to turn to see the on coming traffic and make the, snurn. >> a left hand u-turn. he would have had to look to his right. >> and what is to his right? >> it would have been the car seat which is visible in between the two seats. >> i know we here in a probable cause hearing. did you take photographs in this case? >> hundreds. >> i'm going show you, too, do you think they would help judge cox? >> yes, i do. >> i'm going to show you what i've already marked for identification purposes and shown to defense counsel states exhibits 1 and 2. may i approach, judge? >> yes, sir. >> thank you. do you recognize states exhibits 1 and 2?
>> these are photos it appears from the crime scene at acres mill. >> and are do those fairly and accurately represent the car and the car seat at the scene where the car was left? >> they do. >> your honor, i would enter states exhibits 1 and 2. >> no objection. >> admitted without objection. >> first, before publishing states exhibit 1 to the judge we explain can you actually see from outside the car looking through the window the car seat before you even get into the car? >> you can. >> and states exhibit 2, does that look like where the car seat is in proximity to the driver in that car? >> yes, it zbluz is that consistent with your description of inches? >> yes. >> you can publish those to the judge. thank you. >> from the time he left the chick fill flay-to-that light where he had to make that decision have you driven that distance? >> i have. >> how many times? >> ten at least. >> how long does it take to get
from having left the chick-fil-a parking lot to that light? >> 30 to 40 seconds. >> 30 to 40 seconds from the time he's strapped his child in, kissed him and then he says forgot? >> correct. >> now, the defendant you said stated that he must have fallen asleep. did you speak to day care centers about how the child acted when he went to day care? >> i did. >> how did the day care workers describe his behavior when they go to chick-fil-a. >> cooper would be awake walking in, he spent some time with his dad, he'd be happy. >> now, the time it takes -- you said 30 seconds to that stoplight. how long would it take to get to the spot where he actually parked? >> from the light to there, less than two minutes.
>> now, when you talk to the defendant about what he did that day, did you talk to him about what he did while he was driving the car to work from chick-fil-a and then when he parked? >> i did. >> did he say he was doing anything out of the ordinary? >> no, and we asked him were you on the cell phone, were you talking to somebody, were you on the computer, was there any other distractions? and he said no. >> when he parked how did he park? did he pull straight into his space or something else? >> when he pulls from the parking lot he pulls past the space. after he pulls past the space he goes into reverse and he backs up and when he backs up he backs up in between two cars that were parked in the row behind him and then he pulls forward into the parking space. >> and the parking space he pulls into what is to the left? if i am the person driving to the car, what is to my left. >> if it's the person driving to your left it's another car. >> is the driver side on the other side doff t defendant's car? >> no, the driver's side if we
turn to your left you'll have a parked car and then the defendant's car and then to the right is a grassy area. >> okay, so the right is actually a grassy area with no cars or anything. >> now did his car have a backing camera or anything like that that would have assisted him when he stopped, pulled back and backs up to pull in? >> nothing that i could get to turn on. >> so what would he have had to do to back up? >> he would have to look in the rear-view mirror and use both his side mirrors. >> now, you stated that he said he wasn't on the phone or anything like that when he parked. when he got out -- when he parked the car, did he immediately get out? >> no, he did not. >> did he take anything to work with him that day? >> yes, he did. >> what did he take with him to work? >> he had a large computer bag. >> did he tell you where he reached to get that bag? >> the large computer bag sits in front of the passenger's seat in the front of the car. >> which way would he have had to turn to pick that up. >> he would have had to turn to
his right, lean over the center console and pick up the computer bag there the right side of the car. >> and what would have been right there? >> it would have been cooper's car seat. now, you're talking about -- we've seen the pictures of cooper's car seat. i guess you know that -- how tall, how long cooper was at the time of death. >> yes. did. >> did you get some type of demonstrative aid to help you and law enforcement see how a child would fit into that car seat? >> we did. >> how would cooper's head have appeared in that car seat? >> the mannequin we chose was, you know, the same size. the head was clearly visible poking up over the car seat. >> and did that demonstrative aid, was that shorter than cooper? >> yes. >> did it have hair like cooper had? >> no. >> and after he got his laptop bag, did the defendant immediately get out of the car? >> he did not. >> so after he parks, how long does the defendant sit in his
car before he actually exits to go in the building? >> it's around 30 seconds from the time he parks the vehicle to the time he gets out and shuts the door. >> so he's sitting in there 30 seconds? >> yes, sir. >> now, you talked about the defendant talking about his car seat and how it was the correct one, height, weight, things like that. have you actually looked into this car seat and looked at the owner's manual? >> i have. >> okay. is he within the requirements or did cooper exceed the requirements of the car seat? >> he exceeded the requirements by several inches. no >> now, he talked about his day. did the defendant talk to you about what he went to lunch that day? >> he did. >> what did he go do for lunch? >> two of his friends picked him up, went to lunch, >> did he say about what time he got back? was he able to give you a definite time?
>> he said they left about 12:30 and left like 11:30, back around 12:30. >> while you're talking to the defendant, does he obviously know why he's there? >> yes. >> you've already talked to him about the fact his child had been left in the car and that's what he's talking to you about. >> correct. >> at any time, did he ever mention he had returned to that car during the day? >> no, sir. >> did you find that he had? >> yes, i did. >> how did you determine that? >> we pulled surveillance video for the entire day. that the car was parked in the parking lot. and upon reviewing the surveillance video, around 12:42, we see a green car pull up in front of justin's car. >> now, let me stop you there. did you eventually find out where he had gone during lunch that he had left out? >> yes, sir. >> where had he gone? >> he had gone to publix, the u.p.s. store and home deep. and he had purchased two boxes
of light bulbs. >> so when he comes back to the car, what does he do? first of all, you said a car pulls up. what happens? >> the car pulls up, and from interviewing the two friends, he went to lunch with, they pull up, he gets out of the car, they immediately take off. you can see him walk up to the car. he approaches the car from the driver's side. approaches his car. opens up the driver's side door, and he kind of tosses the light bulbs inside. he's all the way inside the frame but tosses the light bulb inside the car. >> does he approach from the rear or the front? >> from the left-hand side. kind of an angle, judge. >> is that angle consistent with that photograph the judge has? >> it is. >> where he can see the car seat? >> correct. >> that calls for speculation. i object to that. >> i just asked if it's consistent, judge. >> overruled. >> when he approaches, does it appear -- is this video -- can you describe to the judge how it
appears he reaches in and where his head is? >> when he reaches in, he comes up, he opens up the door. and as he's reaching in, turns his head a little bit. he's in there, he has a clear view, and he kind of turns his head and then just tosses the light bulbs into the car. >> after he does that, does he hang out at the car very long or anything of that nature? >> no. >> what does he do? >> he shuts the door, turns around and immediately starts walking into the home depot. >> at some point as he's walking back away from that car, does anyone else walk by him and how does he react? >> it appears another -- we'll say another person -- passes him, walking towards his car, as he's walking away from his car. as that person approaches him, he stops. he kind of stands there for a little bit as the guy walks past him. you can see that man walk up towards his car. he starts a little bit, justin starts a little bit, he stops. the guy walks past the car and justin gets on the phone and
goes inside the home depot. >> during this day, did the defendant get any e-mails from the daycare? >> yes. he received a group e. from the -- his teacher, cooper's teacher, michelle gray, and that came in around 1:30 p.m. >> let's talk a little bit about the movies. you said he was going to the movies and his co-workers corroborated that. >> yes. >> what time was the movie they were going to see. >> 5:00. >> do you have the defendant's phone records and logs. >> we did. >> from looking at.log -- let me ask you this. do you have the phone records from his provider? >> we do not. >> and how long do you think it will be before you get those? >> at&t could be six weeks or more. >> but you've been able to look at his phone. >> correct. >> looking at his phone, were you -- did you see any phone calls? >> yes. >> who were the phone calls between, and what time?
approximately. >> he made -- are we talking about the phone calls made that afternoon or -- there's no phone calls made during the day. >> okay. approaching 4:00, were there phone calls between the defendant and his wife? >> yes. >> okay. tell the judge a little bit about that. >> around 4:00, he receives a phone call from his wife, lee anna. they play phone tag, he receives one, misses it, he calls her back and he calls her a third time and actually gets through to her. and they have about a minute -- little over a minute phone call. phone conversation. >> and was that phone call the day they had the conversation with, was that at 4:04:00 p.m.? >> yes, it is. >> did the defendant mention getting texts from his wife that afternoon as well? >> no. >> did his phone reflect anything about texts from his wife? >> no. >> the tickets to this 5:00 movie, were they going to have to purchase tickets when they got there or are they already been purchased? >> no. one of his friends owed him money and stated he bought his
ticket and justin knew about it. >> at any point during the afternoon, did he talk to one of his co-workers about when he was going to arrive at the movie theater? >> around 3:45. he does contact through -- it's like an inner office or im, possibly google chat. but they're chatting back and forth. and around 3:45, let them know he was going to be late to the movie. >> so he said he was going to be late to the movie. >> correct. >> so after 5:00. >> correct. >> was that in any way different from what the defendant told you in his statement? >> yes. >> what did the defendant tell you about going to the movies and whether he was going to be early or late? >> the defendant stated he had left early. he had left work early to get to the movies and beat the after work rush. >> what time did he actually leave work again? >> he left work about 4:16 p.m. >> how long does it take to get to the movie theatre from there? >> less than ten minutes. >> and was there immediately after having that phone conversation with his wife?
within nine minutes or so? >> within nine minutes or so. >> so he tells co-workers he's going to be late, tells you he wanted to leave to be early. this was a wednesday afternoon? >> it was. >> okay. let's talk about his demeanor during his interview with you. would you tell the judge a little bit about his demeanor and whether it seemed odd to you in any way. >> his demeanor would actually -- would fluctuate also. he started off trying to work himself up, and we're watching him on the camera as he's doing this. he's walking around and rubbing his eyes and you know -- it looked like he was trying to hyper vent late himself and then just stop. stop and walk over and sat and looked through -- we had a map on the wall covering up a two-way mirror and he looks at the map. he would sit up, stand down, sit back down. no tears, no, you know, real emotion coming out of him, except for the huffing, i would
put it. >> during -- when you talked to him, did he give any background. he used to work in law enforcement. >> yes, he did. >> would you tell the judge about that. have you determined exactly what it was he did? >> we have received two stories now. we received a story that he worked as a jailer and then we received a story that he worked as a dispatcher. in his own words to me on the interview, he worked for five years as a dispatcher down in tuscaloosa, alabama. >> when he spoke with you, did he -- i i don't want you to take offense at this but did he use cop language with you? >> yes. he would sit there and he would say, you know, like alpha bravo. everything would be spelled out in phonetics. >> and through the time you're talking with him about his son and the son's death, did you ever see any tears coming from him? >> no. >> let's talk about his wife and the statements she gave. when -- i assume she was supposed to show up at the daycare to pick up cooper, correct? >> correct.
>> what time did she actually show up there? >> she showed up around -- about 4:51. >> when she showed up, according to witnesses at the daycare, did she make any comments that were -- seemed out of the ordinary. >> she did. once she walked into the daycare, she walked into cooper's classroom, where she ran into michelle. and she asked, you know, what are you doing here? and lee anna is like i'm here to pick up cooper and they're like ross never dropped cooper off. and she's like -- just got really calm. and she's like, well i don't know what to do. they walked back out into the lobby and in front of several witnesses all of a sudden she states, "ross must have left him in the car." and they're like, what? there's no other -- no other reason. no other explanation, excuse me. ross must have left him in the car. and they tried to console her. and they're like, no, you know, there's a thousand reasons. he could have taken him to lunch or something. we don't know yet. and she's like no.
>> eventually, did she speak with law enforcement back at the tree house, the place where the defendant worked? >> she did. >> okay. when police spoke with her there, did they say anything about the reaction at the scene? >> her reaction at the scene, she didn't show any emotion when they asked her or when they notified her of cooper's death. she did make a statement that, you know, this was her worst nightmare. >> and after being told that he was deceased, did she ask to see her son or anything like that? >> no. >> who does she ask to see? >> she asked to see her husband. >> did officers witness a phone call from her mother to her? >> yes. they did. >> her being lee anna. >> yes. >> and what did they describe happened during this conversation? >> the officer stated that while they were talking to lee ann, she either received or made a phone call from her mom. and she described it as -- the officers detected -- i'm sorry -- described it as -- she just started screaming. and what do you mean cooper is no longer here. what do you mean.
and during this conversation with all of this emotion coming out -- >> who is the emotion coming from? >> the emotion is coming from her mom or who she identified as her mom. and during this, she is like, why aren't you crying, why aren't you reacting to this? >> and what did lee anna say? >> she said i must be in shock. >> how were they hearing the other conversation? >> it was so loud, judge. such an outburst, i would put it. >> at some point after -- did they bring lee anna back and interview her, as well. >> yes, they did. >> and did they note the same lack of emotion from her? >> that is correct. >> did you finally see -- did you see emotion from the defendant at some point? >> yes. >> and at some point, did you put the defendant and his wife in a room together? >> i did. >> when you did that, who was it that got emotional? >> the father. >> and could you tell the judge, what was he being emotional about? what was the main thing he was crying about or sobbing about or whatever he was